Oregon Oregon Ballot Measure 114 – Magazine Ban and Permit To Purchase Firearms — Vote NO!

[tkdguy]

Given the three day rule which I think is 1 plus three days, given an up and coming hearing the on the 23rd, when is the last day you can safely purchase a handgun given a likely 1 plus 3 days or in total is it 5 days? Thanks.

 

[_Will_]

Given the three day rule which I think is 1 plus three days, given an up and coming hearing the on the 23rd, when is the last day you can safely purchase a handgun given a likely 1 plus 3 days or in total is it 5 days? Thanks.

Inquiring minds would like to know also.

 

[2Wheels4Ever]

Inquiring minds would like to know also.

I do believe that's an unknown at this point. The TRO is in place until OSP has a fully functional training/permit system in place, and a hearing is conducted to find the constitutionality of said system. It could be a while.

 

[sed]

Inquiring minds would like to know also.

Day you complete the 4473 doesn't count. You must have three complete days in between filling out the 4473 and the day you pick up your items.
For example... you complete the 4473 on Monday, the three days are Tues, Wed & Thurs. You could legally pick up the item(s) on Friday or after.

Any day that OSP is doing BGC's can count as one of the three days; Saturday and Sunday can be counted as one of the three days. OSP does checks every day of the year except Thanksgiving and Christmas Day.

All of this of course is entirely up to the FFL's discretion. They don't HAVE to release these items to you, so if they have a slightly different take on the matter, it's their prerogative to do so.

If you're trying to beat the Fri, Dec 23, hearing, I would try to have your items collected by Thurs, Dec 22.
Which means you'd want to be filling out a 4473 on Sun, Dec 18. Three days would be Mon, Tues, Wed allowing you to pick up items on Thurs, Dec 22.
I'd definitely review this with your FFL first to make sure you're all on the same page!!!

With that said, I doubt Judge Rascio will issue an opinion about the 3-day release during the hearing.
He'll likely hear the arguments and then set a date when he'll release his opinion letter.
Since all of this is so up in the air, literally no one knows what tomorrow will bring. Oregon supreme court could try something silly for all we know???

So, if you want off the BM114 crazy train, getting your items sooner rather than later does make sense.

 

[_Will_]

Day you complete the 4473 doesn't count. You must have three complete days in between filling out the 4473 and the day you pick up your items.
For example... you complete the 4473 on Monday, the three days are Tues, Wed & Thurs. You could legally pick up the item(s) on Friday or after.

Any day that OSP is doing BGC's can count as one of the three days; Saturday and Sunday can be counted as one of the three days. OSP does checks every day of the year except Thanksgiving and Christmas Day.

All of this of course is entirely up to the FFL's discretion. They don't HAVE to release these items to you, so if they have a slightly different take on the matter, it's their prerogative to do so.

If you're trying to beat the Fri, Dec 23, hearing, I would try to have your items collected by Thurs, Dec 22.
Which means you'd want to be filling out a 4473 on Sun, Dec 18. Three days would be Mon, Tues, Wed allowing you to pick up items on Thurs, Dec 22.
I'd definitely review this with your FFL first to make sure you're all on the same page!!!

With that said, I doubt Judge Rascio will issue an opinion about the 3-day release during the hearing.
He'll likely hear the arguments and then set a date when he'll release his opinion letter.
Since all of this is so up in the air, literally no one knows what tomorrow will bring. Oregon supreme court could try something silly for all we know???

So, if you want off the BM114 crazy train, getting your items sooner rather than later does make sense.

Thanks for the reply. I found a nice Springfield 1911 Garrison I've got my eye on. I would definitely like to utilize the 3 day rule. I usually get placed in the que without a CHL.

Do you think Judge Raschio will issue a TRO against the permit process?

 

[tkdguy]

Any risks involved with the 3 day rule if you have a chl?

 

[OrPackrat]

Any risks involved with the 3 day rule if you have a chl?

A CHL does not guarantee you can be approved to buy a firearm.

I've seen a number of people with CHL's not able to buy a firearm.

 

[tkdguy]

A CHL does not guarantee you can be approved to buy a firearm.

I've seen a number of people with CHL's not able to buy a firearm.

If you have chl and the three day wait and the ffl released on the 4th or 5th day, is there any legal blow back risk from the state if your record is clean?

 

[Local Loader]

If you have chl and the three day wait and the ffl released on the 4th or 5th day, is there any legal blow back risk from the state if your record is clean?

No, that's the sort answer.

 

[OrPackrat]

If you have chl and the three day wait and the ffl released on the 4th or 5th day, is there any legal blow back risk from the state if your record is clean?

If you were to be delayed/denied, the legal bit could cause the business to loose their insurance and then probably go out of business..

 

[Local Loader]

If in the event you're denied, they ask you to bring it back to the shop. If you don't or refuse, then they have a simple method they use to deal with it.
They turn your bubblegum over to the cops and let them pick you up and take it.

 

[tkdguy]

If in the event you're denied, they ask you to bring it back to the shop. If you don't or refuse, then they have a simple method they use to deal with it.
They turn your bubblegum over to the cops and let them pick you up and take it.

I have been sitting in line since 11/23/2022 and have moved up about 10 positions to the early 2000 as of yesterday. I had purchased several this year and had only had to wait about 10 minutes.

 

[Local Loader]

I have been sitting in line since 11/23/2022 and have moved up about 10 positions to the early 2000 as of yesterday. I had purchased several this year and had only had to wait about 10 minutes.

I've got several that I'm stuck waiting on and I use to only wait maybe 5min to clear, so I know how you feel. Covid wait times were not even this bad.

 

[tkdguy]

I've got several that I'm stuck waiting on and I use to only wait maybe 5min to clear, so I know how you feel. Covid wait times were not even this bad.

I moved ten slots in 5 days from about 2050...yuk. For sure those in charge have questionable motivations.

 

[mhayd93]

If you were to be delayed/denied, the legal bit could cause the business to loose their insurance and then probably go out of business..

This idea has been tossed around, but myself and others have researched it and have found no evidence that this is true.

 

[Danall]

SED, thank you for the clarification you posted (quoted below)

Day you complete the 4473 doesn't count. You must have three complete days in between filling out the 4473 and the day you pick up your items.
For example... you complete the 4473 on Monday, the three days are Tues, Wed & Thurs. You could legally pick up the item(s) on Friday or after.

Any day that OSP is doing BGC's can count as one of the three days; Saturday and Sunday can be counted as one of the three days. OSP does checks every day of the year except Thanksgiving and Christmas Day.

My confusion came from the Fed regs that state

(ii)
subject to subparagraph (C), 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section, or State, local, or Tribal law; and

In which they mention State offics being open....i take it since the OSP FICS division functions 7 days a week, it is considered a State office that is open?
again...thanks.

 

[OrPackrat]

This idea has been tossed around, but myself and others have researched it and have found no evidence that this is true.

You have researched this, in what way I'm curious.

Direct from an FFL owner this is what has been told about the FFL insurance.

It's the Charleston Loophole...

 

[nammac]

You have researched this, in what way I'm curious.

Direct from an FFL owner this is what has been told about the FFL insurance.

It's the Charleston Loophole...

There is no "Charleston Loophole"…. So tired of hearing that term, coined by the antis…

The Brady Bill in 1993 mandated a 5 day wait period…. In 1998 with the NICS system coming online that was changed to 3 day…. So no loophole, it's a safety valve built into federal law (NICS system) to prevent citizens from being denied their Second Amendment rights due to "extended processing of background checks". Which would be de facto denial of a Federal Constitutional right…

 

[OrPackrat]

There is no "Charleston Loophole"…. So tired of hearing that term, coined by the antis…

The Brady Bill in 1993 mandated a 5 day wait period…. In 1998 with the NICS system coming online that was changed to 3 day…. So no loophole, it's a safety valve built into federal law (NICS system) to prevent citizens from being denied their Second Amendment rights due to "extended processing of background checks". Which would be de facto denial of a Federal Constitutional right…

The so called Charelston Loophole, the release of the firearm to the prohibited individual an which the prohibited individual then murdered multiple people.

After that mass murder, the handful of insurance agencies that insure FFLs have made the point, if you use this 3 day release to people, the insurance company will drop your coverage and getting insurance from one of the few other companies would be far more expensive, potentially too expensive, for the business to operate...

 

[Local Loader]

The so called Charelston Loophole, the release of the firearm to the prohibited individual an which the prohibited individual then murdered multiple people.

After that mass murder, the handful of insurance agencies that insure FFLs have made the point, if you use this 3 day release to people, the insurance company will drop your coverage and getting insurance from one of the few other companies would be far more expensive, potentially too expensive, for the business to operate...

That's an interesting take on that, as the shops that I've talked to that are doing to 3 day rule, have not lost any insurance coverage. Where are you getting that info from?